STATE OF MADHYA PRADESH Vs. J S BANSAL

JUDGEMENT

(1.) Respondent No. 1 while working as Superintending Engineer (EandM) in the Public Health Engineering Department was issued a charge-sheet on 16-11-94 which was challenged by him in O. A. No. 1219/94 in the Gwalior Bench of the Madhya Pradesh Administrative Tribunal (for short, 'the Tribunal') on the ground that besides containing stale charges it was issued with the mala fide intention to forestall the consideration of his name for inclusion in the panel of candidates for promotion to the post of Chief Engineer (EandM). The claim petition was allowed by the Tribunal by its order dated 17-5-95 and the S.L.P. filed by the State of Madhya Pradesh, in this Court, was dismissed on 16-10-95 with the following Order:-

(2.) Respondent No. 1, thereafter, filed another case (O.A. No. 876/95) before the Tribunal for the relief that the State Government may be directed to convene the meeting of the Departmental Promotion Committee for considering his name for promotion to the post of Chief Engineer and that the State Government may be restrained from starting any fresh departmental proceeding. This O.A. was disposed of finally by the Tribunal by its order dated 8-12-95 and the direction was issued to the appellant to hold the meeting of the Departmental Promotion Committee within six weeks. The further relief that no fresh departmental proceedings be initiated against him was refused by the Tribunal. On 31st of January, 1996, State Government filed an application before the Tribunal for extension of time for convening the meeting of the Departmental Promotion Committee but the Tribunal instead of granting extension, directed, by its order dated 2-2-96, to produce the original records before it so that it may be found out as to why the convening of the Departmental Promotion Committee was being delayed. While the matter was pending before the Tribunal, a fresh charge-sheet was issued to respondent No. 1 on 5th February, 1996. When the meeting of the Departmental Promotion Committee was held on 12-2-96, its recommendations concerning respondent No. 1 and 2 others were kept in the "Sealed Cover". This procedure was adopted by the Departmental Promotion Committee because of the pendency of the departmental proceedings against respondent No. 1 on the basis of the charge-sheet issued to him on 5-2-96.

(3.) The Tribunal which already had before it the application of the State Government for extension of time (M.A. 32/96), for convening the meeting of the Departmental Promotion Committee, passed an order on 14-2-96 restraining the State Government from promoting any person junior to respondent No. 1 to the post of Chief Engineer. A further order for status quo was passed by the Tribunal on 27-2-96.